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(영문) 광주지방법원 2014.06.26 2013가합1909

손해배상(기)

Text

1. Defendant C’s KRW 7,00,000 as well as 5% per annum from March 12, 2013 to June 26, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On October 15, 201, the Plaintiff entered into a contract with Defendant D to exchange KRW 30,000,000 with the lease deposit for the said restaurant (including equipment, such as a liquor cooling house, coffee board, etc.) and its goodwill, issued by the President E-F of the Incorporated Foundation, with the name of “H” (hereinafter “instant container”). The Plaintiff entered into a contract with Defendant D to exchange the above restaurant with KRW 50,00,00 (hereinafter “instant exchange contract”).

The Plaintiff received KRW 10 million from Defendant D on the same day, and delivered the instant restaurant, including alcoholic beverages and fixtures, to Defendant D, and thereafter received 50 copies of the instant club from Defendant D.

B. On October 22, 2011, Defendant C leased all three floors (for the purpose: singing room; hereinafter “instant singing room”) from K and one other, for the lease deposit amounting to KRW 50 million, monthly rent, and for the lease period from October 24, 201 to October 24, 2012, Defendant C leased the entire three floors (for the purpose: singing room; hereinafter “instant singing room”).

On November 2, 2011, the Plaintiff entered into a contract with Defendant C to take over all of the instant karaoke facilities, signboards, permission, etc. at premium of KRW 75 million (hereinafter “instant acquisition contract”) with Defendant C on the same day and paid down payment of KRW 7 million to Defendant C on the same day, and the remaining payment date of KRW 68 million shall be one month after the date, but both parties may adjust.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 4, 5, and 6, the purport of the whole pleadings

2. Claim concerning the instant exchange contract

A. The Defendants asserted that the Plaintiff conspired against the Plaintiff to conceal the value of the instant wing ticket and to transfer the instant cafeteria to the Plaintiff.